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Summary common law.docx CJS/315 Common Law and The Fourth Amendment University of Phoenix CJS/315: Criminal Procedure Introduction The Constitution was created by our founding fathers to defend the rights of citizens of the United States; rights not previ
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common CJS/315 Common Law and The Fourth Amendment University of Phoenix CJS/315: Criminal Procedure Introduction The Constitution was created by our founding fathers to defend the rights of citizens of the United States; rights not previously known under British rule. Vigilante crime and ...
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CJS/315
Common Law and The Fourth Amendment
University of Phoenix
CJS/315: Criminal Procedure
Introduction
The Constitution was created by our founding fathers to defend the rights of citizens
of the United States; rights not previously known under British rule. Vigilante crime and
justice had been the law of the land. The Bill of Rights Fourth Amendment protects its
citizens from unlawful search and seizures.
Common Law and Origin of the Fourth Amendment
The roots of the Fourth Amendment extend back to British rule over the American
Colonists. British officials used Writs of Assistance to conduct unauthorized searches and
seizures of the American Colonists homes and businesses. Its main focus was to prevent the
illegal manufacturing and the trading of merchandise by colonists. Writs of assistance could be
used an unlimited amount of time without having to issue a new one. However, this did not
prevent the British officials from conducting warrantless searches and seizures in the homes
and businesses of the American colonists. Officials could break in homes and seize whatever
items they wanted, to include arresting individuals ("History and Scope of The Amendment",
n.d.). The Excise Act of 1754 was a tool used by British officials and gave them the power to
interrogate colonists anywhere and anytime concerning illegal trading. The response of the
colonists was in 1756 to file legislation against the use of Writs of Assistance. Even though the
legislation was put down by the British government, colonists continued to express their
discourse against them ("Background of The Fourth Amendment", n.d.). British officials
continued to pass Acts to apply heavy taxes on the colonists. The colonists fought back and in
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